Role of Designers in Safety: The Upstream Duty Holders

by Leo Fan — Senior Risk Consultant at Safe Design Australia

 

When we think about safety, most of us picture what happens on-site — helmets, harnesses, high-risk work. But safety actually starts much earlier, and often in a place people don’t expect: the design stage.

But the Code of Practice: Safe Design of Structures makes it clear — designers carry upstream responsibility and directly shape how safely a structure is built, used, maintained, and ultimately demolished. For designers, the key idea is that safety in design isn’t just a legal duty — it’s a mark of professional integrity.

As the originators of every concept, designers have both the opportunity and the responsibility to embed safety from the outset, setting the standard for good practice and protecting everyone who interacts with the structure throughout its life.

So, who is a ‘designer’?

It’s not just the architect or the engineer.  The role of designer for safety in design purposes could be:

  • Anyone creating or modifying a structure
  • Someone introducing changes to the design during construction, or even 
  • People involved in upgrades later on

The catch? Many designers don’t  realise they carry this responsibility!

Responsibility vs influence

Under WHS law, designers have a legal duty to eliminate or minimise risks “so far as is reasonably practicable.” That means they can’t pass the buck downstream to the contractor or site team.

But beyond compliance, designers hold practical influence that goes much further. Every design decision you make — from layout and materials to access points — shapes how safely your structure can be built, operated, and maintained.

Every line drawn, every choice made, can either prevent a hazard or invite one. That’s the true power of good design — it shapes safety long before anyone steps on site. We explored this idea further in Safety in Design as a Creative Force — where innovation and safety mesh together to inspire better outcomes.

 

A futuristic glass building glowing with light figures representing designers and collaborators, symbolising the role of designers in safety and innovation both now and for future users.

Designing safety for people who don’t exist yet — that’s not just compliance.. it’s cleverly calculated Safety in Design collaboration.

 

Safety leadership in design

Designers aren’t just ticking boxes for compliance — they’re setting the tone for safety. That means proactively identifying risks, calling out hazards, and embedding safety into drawings and documentation.

Before anyone lifts the first beam or digs the first trench, designers are already building — or compromising — safety with the choices they make on paper.

Practical tools and case studies that help you apply these principles in your projects are available in our free Safe Design eBook.

Collaboration in Designing for Safety

Leadership sets the direction, but designers can’t work in isolation. That’s why Safety in Design Workshops are so valuable. These conversations bring together principal contractors, operators, and maintainers to make sure risks are identified and addressed before they become problems on site.

In these workshops, the paper plans meet real-world experience — and that’s where the best design solutions are born. Workshop conversations turn abstract risks into real understanding — giving every stakeholder a hand in designing safety in from the start, not patching it on later.

More than legal duties

Yes, designers have safety in design duties to discharge under WHS laws. But their real superpower lies in deploying imagination. When safety becomes part of the creative process — not just an afterthought — it fuels better ideas, smarter structures, and a culture others naturally follow. WHS laws set the baseline, but great designers go beyond it.

At the end of the day…

Safety ALWAYS starts with design. If designers step up as leaders, engage openly, and design with safety front of mind they shape not just buildings, but lives lived decades from now — safeguarding every hand that will ever touch their work.

That’s the ultimate role of designers as upstream duty holders — crafting safety and positively influencing futures at  the design stage. from the first worker on site to the last person maintaining the structure  in the far off future. Responsibility discharged well is anything but boring.

 

Safety starts with design AND a conversation. Read more about  the Safe Design Australia approach to Safe Design or get in contact for a 15minute brainstorm with one of our senior consultants. 

 

Beyond Compliance: Safe Design as a Creative Force

by Rebekah Colman Senior Risk Consultant at Safe Design Australia

In the world of design and construction, safety and compliance with legislation is often framed as a checklist—something to be ticked off to meet regulatory requirements. But what if we flipped the narrative? What if Safe Design wasn’t just about compliance or legislation, but about creativity, foresight, and innovation?

Rethinking the Role of Safe Design

Safe Design is traditionally defined as the integration of hazard identification and risk control early in the design process to eliminate or minimise risks throughout the lifecycle of a structure. If the Model Code of Practice Safe Design of Structures is new to you, you can find it here. But while compliance in Safe Design is essential, it’s only the beginning. When embraced proactively, Safe Design becomes a strategic tool—one that enhances functionality, improves user experience, and drives long-term value.

Safety in Design Standards as a Driver, Not a Constraint

Rather than limiting creativity, Safe Design can unlock it. Here’s how:

  • Early hazard identification sparks better problem-solving

Designers who engage with safety considerations from the outset are forced to think more deeply about form, function, and context. This leads to more thoughtful, integrated solutions.

  • Collaboration breeds innovation

Safe Design requires input from engineers, end-users, contractors, and regulators. This multidisciplinary engagement often leads to unexpected insights and more resilient outcomes.

  • Lifecycle thinking encourages adaptive design

Considering how a structure will be built, maintained, and eventually decommissioned fosters designs that are flexible, sustainable, and future-proof.

Case in Point: Creative Outcomes from Safety-led Thinking 

In recent projects, we’ve seen how Safe Design principles have led to:

  • Modular construction methods that reduce on-site risks while enabling faster, more efficient builds
  • Material choices that are not only safer but also more sustainable and aesthetically compelling
  • Spatial layouts that enhance accessibility and wellbeing, improving both safety and user satisfaction

Understanding and applying Safety in Design legislation is the foundation, but going further unlocks real innovation.

From Compliance to Culture..

or designing beyond Safe Design obligations

As Dr. Sidney Dekker 1. puts it

“Safety is not the absence of accidents, but the presence of positive capacities” 

When Safe Design becomes embedded in culture—not just policy—it transforms how teams think, collaborate, and innovate. It shifts the focus from safety as reactive compliance with legislation to proactive design excellence.

You know what they say.. the more you know, the more you know: and knowing more about Safety in Design definitely does not have to be boring (and earns you CPD points – also not boring).

Conclusion: Designing for Possibility

Safe Design isn’t a box to tick—it’s a mindset. One that invites us to imagine better ways of building, living, and working. When we move beyond mere compliance with legislation, we don’t just make things safer—we make them smarter, more beautiful, and more enduring.

 

Looking to embed Safety in Design into your projects?

Contact Safe Design Australia to turn mere compliance with legislation into creativity and innovation.

 

Check out our free-to-download Safety in Design ebook 

 

References:

1. Dekker, S. (2014). *Safety Differently: Human Factors for a New Era*. CRC Press.